Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (May 2017)

the principal of exclaiming the reasons and documentation of the administrative decisions and it's effect on the jurisprudence of the court of administrative justice

  • Ali Mohammad Falah Zadeh

DOI
https://doi.org/10.22054/qjpl.2017.7429
Journal volume & issue
Vol. 18, no. 54
pp. 91 – 115

Abstract

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Legal obligation to provide reasons for administrative decisions is a principle that originated from judicial field moving to the administrative decision-making process, there seems to be profound differences between two areas. It is, therefore, very much context dependent, offering considerable room for the exceptional circumstances . The Iranian legal system paid its attention to the principle in judicial proceedings, yet its shortcoming in administrative procedures seems to be obvious. Although the Court of Administrative Justice in a rather isolated case seems to call for the observance of the principle in administrative procedures, it is hard to argue that this would lead to a legally binding rule. (( Legal obligation to provide reasons for administrative decisions is a principle that originated from judicial field moving to the administrative decision-making process, there seems to be profound differences between two areas. It is, therefore, very much context dependent, offering considerable room for the exceptional circums...))

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